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Compliances of

Labour Legislations

-Amardeep Garje
Senior Manager (Law),
Andhra Bank, Head Office,
HR Dept., Hyderabad
Introduction

• There are 44 labour legislations in India.


Laws Applicable to Banks
• Payment of Gratuity Act, 1972
• Payment of Bonus Act, 1965
• Equal Remuneration Act, 1976
• Industrial Disputes Act, 1947
• Minimum Wages Act, 1948
• The Contract Labour (Regulation & Abolition)
Act, 1970
• Sexual Harassment of Women at Workplace
(Prevention, Prohibition & Redressal) Act,
2013
Laws NOT Applicable
• Shops & Establishment Act of States
• The Employees’ PF & MP Act
• State Minimum Wages Rates
• Labour Welfare Fund Act of States
Register to be Maintained
• Form B under Equal Remuneration Act
• Form XII under CLRA
• Form C under Bonus Act
Notices to be Affixed Notice
Board Branches & ZO
• Abstract of Minimum Wages Act
• Abstract of Payment of Gratuity Act-FORM U
• Abstract of CLRA
• Timings
• Notice under Rule 4(1) of Gratuity Act
• Notice under Minimum Wages Act-Area wise

All should be in English, Hindi


and Local Language
Annual Returns
• Minimum Wages Act
• CLRA
• Bonus Act

Online Returns
LEO Inspection
• Once in year
• Compliance Report
– Within 3 Months under CLRA
– Within 6 Months under Equal Remuneration
– Within 3 Months under Minimum Wages
– Gratuity Act 3 months
– Immediately
Non Compliance of LEO Report
• Criminal Prosecution
• Fine and Imprisonment
• Embarrasment
Industrial Disputes
• ALC Conciliation
• Failure of Conciliation
• Dy. CLC referring to CGIT or Govt.
• MoLabour referring authority to CGIT
• CGIT Proceedings (Representation & Form F) Sec 36
• Appeal to High Court
Claim under Gratuity Act
• Controlling Authority-30days ALC/RLC
• 10% simple interest
• Comply order within 30days
• Appeal to Dy. CLC
• Deposit Amount
– High Court
Claim under Minimum Wages
• Authority-RLC-6months
• Court Proceedings
• 10times of Claim-Compensation
• Comply order within 90days
• Appeal to High Court
Sexual Harassment of
Women at Workplace
(Prevention, Prohibition
& Redressal) Act, 2013
To be Submitted under Gratuity
Act
• Form A at the time of opening branch
• Form L at the time of any person retired to
area ALC
THANK U….

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